In accordance with L.1975, c.231, Chairwoman Janice Mitchell Mintz opened the meeting with the following statement:

Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 30, 2000, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

WITHDRAWAL OF APPEALS The following appeals were withdrawn and removed from the hearing calendar:

ACTION: The Merit System Board directed that this matter be held over due to a lack of quorum.

A-3 CHARLES KING Charles King, Police Officer, City of Long Branch, Department of Public Safety, 33½-day suspension on the charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the 33½-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-4 ARNELL MASON Arnell Mason, Police Officer, City of Newark, Police Department, 20-day suspension on charges of conduct unbecoming a public employee and violation of Police Department rules regarding conduct in public and private.

Recommendation of the Administrative Law Judge - Motion for involuntary dismissal be granted. (Reverse the 20-day suspension)

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-5 JOSEPH MCCORMICK

Joseph McCormick, Police Officer, Township of Lawrence, Department of Public Safety, 10-day suspension on charges of violation of various Police Department rules, inter alia, performance of duty, neglect of duty, obedience to laws and regulations, attention to duty.

Recommendation of the Administrative Law Judge - Modify the 10-day suspension to a written reprimand.

ACTION: The Merit System Board directed that this matter be held over.

A-6 THOMAS MENARD (CONSOLIDATION) Thomas Menard, County Correction Sergeant, County of Burlington, County Jail, 1) demotion to the position of County Correction Officer effective May 9, 2000, on the charge of neglect of duty and 2) six-day suspension on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - 1) Modify the demotion to a fine equal to the pay difference between a County Correction Sergeant and a County Correction Officer for a period of a six months, and 2) Modify the six-day suspension to a one-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-9 MICHAEL GATEWOOD Michael Gatewood, Laborer, City of Atlantic City, Department of Public Works removal effective September 29, 2000, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty, misuse of public property, including motor vehicles, and a violation of the City's Policies and Procedures (negligence).

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

Recommendation of the Administrative Law Judge - Pursuant to an order of forfeiture, dismiss the appeal as moot.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-11 SHONDA M. SMITH Shonda M Smith, County Correction Officer, County of Burlington, County Jail, removal effective November 1, 2000, on charges of conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-12 JAMES CLYBURN AND JOHN SELLITO James Clyburn and John Sellito, Police Officers, Township of Irvington, Police Department, removals effective December 17, 1996, on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, and neglect of duty. This matter was held over from the Merit System Board meeting of October 10, 2001.

Recommendation of the Administrative Law Judge - Reverse the removals.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-13 NADIA KOZAN (CONSOLIDATION) - SETTLEMENT Nadia Kozan, Income Maintenance Worker, Ocean County Board of Social Services, removal effective October 21, 1994, on charges of failure to perform duties, insubordination, conduct unbecoming a public employee and neglect of duty

Recommendation of the Administrative Law Judge - Adopt the Order of Consolidation and acknowledge the settlement.

ACTION: The Merit System Board adopted the order of consolidation and acknowledged the settlement.

A-14 RONALD BROOMALL Ronald Broomall, Police Officer, City of Vineland, Department of Public Safety, release at the end of the working test period effective February 5, 1999. Settled to the reinstatement of appellant, a resignation in good standing effective January 4, 2000 and a lump sum payment of $21,500.

Recommendation of the Administrative Law Judge - Acknowledge the settlement.

ACTION: The Merit System Board acknowledged the settlement.

SECTION B -MISCELLANEOUS MATTERS B-1 JIMMY FLORES Jimmy Flores appeals the request by the New Jersey Department of Corrections to remove his name from the Correction Officer Recruit (S9999B) eligible list for medical unfitness to effectively perform the duties of the position.

B-5 MARY SOMORACKI Mary Somoracki, a Program Support Specialist 1 with the Department of Health and Senior Services, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be denied.

B-6 CHARLES B. ANDERSONCharles B. Anderson appeals the decision of Human Resource Information Services, which denied his appeal of the removal of his name from the special reemployment list for Carpenter Helper, County of Essex, for his failure to respond to the certification notice.

ACTION: The Merit System Board directed that this appeal be denied.

B-7 CHARLES S. PETERSON Charles S. Peterson appeals the decision of Selection Services, which removed the appellant's name from the Police Officer (S9999A), Township of Mount Laurel eligible list, due to the appellant's failure to respond to the certification notice.

ACTION: The Merit System Board directed that this appeal be denied.

B-8 PAULA JESIOLOWSKI Paula Jesiolowski, a Senior Data Entry Machine Operator with the Edna Mahan Correctional Facility for Women, Department of Corrections (DOC), appeals the determination of the Director of the Equal Employment Division with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.

B-10 CHIEF CLERK (M7652B), NEWARK SCHOOL DISTRICT The appointing authority's failure to properly dispose of the certification for Chief Clerk, while a provisional appointee is serving in the title, has been referred to the Merit System Board for enforcement.

ACTION: The Merit System Board ordered the appointing authority to remove the provisional, make an appointment from the certification, and pay compliance costs.

B-11 NORTH HUDSON REGIONAL FIRE AND RESCUE SERVICE The Superior Court, Appellate Division, has remanded the clarification and enforcement decision In the Matter of North Hudson Regional Fire and Rescue Service, (PM4169V), (PM1082U), (PM2796S), and (PM4805R), for reconsideration and issuance of new decision.

ACTION: The Merit System Board granted the request for reconsideration.

B-13 KENNETH LITTLE Kenneth Little, a Senior Correction Officer at East Jersey State Prison, Department of Corrections, seeks enforcement of the Merit System Board decision rendered on February 8, 2000 granting him back pay.

ACTION: The Merit System Board granted the request for a hearing.

B-14 DONALD CISROW Donald Cisrow, a Residential Services Worker at Woodbine Developmental Center, Department of Human Services, requests that the Merit System Board reinstate his appeal of his removals, effective January 20, 2001, which were dismissed based on Cisrow's failure to appear at a scheduled settlement conference.

ACTION: The Merit System Board directed that this appeal be denied.

B-15 MICHAEL KIYAGA Michael Kiyaga petitions the Merit System Board for reconsideration of its decision rendered March 13, 2001, upholding the removal of his name from the eligible lists for Insurance Examiner Trainee (S0346W), Auditor Account Trainee (S6174A), Administrative Analyst 2, Fiscal Management (S6167W), Program Development Specialist 2, Management and Finance (S6158W), and Accountant (C0907A), Camden County, due to his failure to respond to the various appointing authorities after Notifications of Certifications were mailed to him.

ACTION: The Merit System Board denied the request for reconsideration.

B-16 JOINT ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST Administrative Law Judge (ALJ) Richard McGill issued an Order of Consolidation and Predominant Interest in the matter of Terrence Love v. Division of Youth and Family Service. In that order, the ALJ determined that the matters be consolidated and that the Division of Youth and Family Services (DYFS) had the predominant interest. Based on the ALJ's Order, the Merit System Board and DYFS developed a joint order adopting the ALJ's Order. The Joint Order is now submitted for the Board's review.

ACTION: The Merit System Board adopted the joint order.

B-17 VERONICA CASSIDY The appeal of Veronica Cassidy, a School Bus Driver with the Brick Township School District, of her suspension, beginning January 24, 2000, and removal, effective February 4, 2000, on charges, was heard by Administrative Law Judge Bernard Goldberg (ALJ), who rendered his initial decision on September 13, 2001. The Merit System Board (Board), at its meeting on October 23, 2001, adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board directed that this matter be held over.

B-18 JAMIE APPLEGATE Jamie Applegate appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Investment Specialist (C6951B), Camden County.

ACTION: The Merit System Board directed that this appeal be granted.

B-19 MARY BANKS Mary Banks appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Principal Payroll Clerk (PC1773B), Cape May County.

ACTION: The Merit System Board directed that this appeal be granted.

B-20 JOLYN K. DAVIS Jolyn K. Davis appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Secretarial Assistant 3 (Non-Stenographic) (PS4486K), Department of Human Services.

ACTION: The Merit System Board directed that this appeal be granted.

B-21 ANGELO ERAZO Angelo Erazo appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Supervisor Minimum Security Unit (PS2746I), Department of Corrections.

ACTION: The Merit System Board directed that this appeal be granted.

B-22 SADIE HAMER Sadie Hamer appeals the determination of the Division of Selection Services, which found that she did not meet the educational requirement for the promotional examination for Senior Vocational Rehabilitation Counselor (PS2630K), Woodbine Developmental Center.

ACTION: The Merit System Board directed that this appeal be denied.

B-23 BRETT HAUSER Brett Hauser appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Classification Officer 1 (PS3999I), South Woods State Prison because he was not permanent in a title to which the examination was open.

ACTION: The Merit System Board directed that this appeal be denied.

B-24 ANTHONY P. LOMBARDY Anthony P. Lombardy appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Administrative Analyst 1 (PS2837T), Department of Transportation.

ACTION: The Merit System Board directed that this appeal be denied.

B-25 SUZANNE MENGES Suzanne Menges appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Analyst (Grant Applications) (PC2288A), Burlington County.

ACTION: The Merit System Board directed that this appeal be granted.

B-26 SUSAN MILLER Susan Miller appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Quality Assurance Technician (PS0460K), Ancora Psychiatric Hospital.

ACTION: The Merit System Board directed that this appeal be granted.

B-27 WANDER RICHARDSON Wander Richardson appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Supervisor of Legal Secretarial Services (PS2343P), Department of Law and Public Safety.

ACTION: The Merit System Board directed that this appeal be denied.

B-28 STACEY WARD Stacey Ward appeals the determination of the Division of Selection Services which found that she did not meet the experience requirements for the promotional examination for Assistant Supervisor of Professional/Residential Services, Developmental Disabilities (PS4048K), North Jersey Developmental Center.

ACTION: The Merit System Board directed that this appeal be granted.

B-29 HAROLD WEBB Harold Webb appeals the determinations of the Division of Selection Services, which found that he was below the minimum requirements in experience for the promotional examination for Quality Assurance Technician (PS0460K), Ancora Psychiatric Hospital.

ACTION: The Merit System Board directed that this appeal be denied.

B-30 MICHAEL J. CAPACCIO Michael J. Capaccio appeals his final average score and rank on the examination for Supervising Appeals Examiner (PS6856N), Department of Labor.

B-32 MARK A. MANOCCHIO The Deputy Director, Division of Selection Services, on behalf of the Department of Treasury, requests that Mark A. Manocchio's out-of-title work experience be accepted to qualify him for a prospective promotional examination for the title of Program Technician.

ACTION: The Merit System Board directed that this request be granted.

B-33 VIJESH DARJI Vijesh Darji appeals the determination of the Division of Selection Services, which found that he was not employed in the announced unit scope for the promotional examination for Supervising Research Analyst (Transportation).

ACTION: The Merit System Board directed that this appeal be denied.

B-34 GERALD FAZI Gerald Fazi appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Truck Driver (PM0961C), Gloucester Township, because he was not permanent in a title to which the examination was open.

ACTION: The Merit System Board directed that this appeal be denied.

B-35 MERIT SYSTEM BOARD MINUTES The Merit System Board Minutes for the meeting of October 23, 2001 are submitted for adoption.

ACTION: The Merit System Board directed that this matter be held over.

B-36 LEWIS DILEO, JR. The Burlington County Sheriff's Office appeals the determination of the Director, Office of Intergovernmental Services, which denied its request for the transfer of Lewis Dileo, Jr. from the title of Sheriff's Officer, Burlington County Sheriff's Office, to the title of Police Officer, Township of Cinnaminson Police Department.

ACTION: The Merit System Board directed that this appeal be granted.

B-37 CAROL A. GARRITY Carol A. Garrity appeals the determination of the Division of Selection Services which found that she failed to file a timely application for the promotional examination for Support Services Representative 1 (PS9818T), Department of Transportation.

ACTION: The Merit System Board directed that this appeal be granted.

B-38 GEORGE BLYSKUN George Blyskun appeals his examination results and requests the opportunity to re-take the promotional examination for Supervising Geologist (PS9365G), Department of Environmental Protection.

ACTION: The Merit System Board directed that this appeal be granted.

B-39 PROPOSED MERIT SYSTEM BOARD MEETING DATES FOR 2002 The Merit System Board Meeting Dates for the year 2002 are submitted for the Board's approval.

ACTION: The Merit System Board adopted the meeting dates for the year 2002.

B-40 MERIT SYSTEM BOARD MINUTES The Merit System Board Minutes for the meeting of November 8, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of November 8, 2001.